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(영문) 부산지방법원 2017.05.26 2016노5147
특수재물손괴
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, it is recognized that the Defendant had been subject to punishment more than ten times due to violent crimes, etc., and that the Defendant did not agree with the victim.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy or too unreasonable, in light of the fact that the Defendant led to the confession of the crime, and there is no history of punishment heavier than the fine, the amount of damage is not significant, and the motive, means and consequence of the instant crime.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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